Dissension in reforms panel

Member criticises decision of Hota Committee on Civil Service Reforms

A dissent note filed on the report of the Hota Committee on Civil Service Reforms has said "fundamental issues of democratic governance" have been violated by the committee in accepting certain recommendations made by the National Police Commission.

The note, filed by committee member Ashok Kapur, relates specifically to the appointment of state police chiefs. The multi-member committee, which makes the selection, is comprised mostly of Central government officials, with the states being represented only by their respective chief secretaries.

Another sticking point was the tenure of the police chief.

The police chief was to have a fixed tenure. Thus, the state government would not have a say in his transfer. However, as law and order is a state subject and comes under the purview of the state's home secretary, Kapur called this "undemocratic".

Another recommendation of the NPC endorsed by the Hota committee is the setting up of a statutory State Security Commission to oversee the functioning of the police, with the state home secretary as the chairman, and members of the judiciary and even MLAs and MPs from Opposition parties as members. The chief of police was to be a permanent member secretary.

According to Kapur, the State Security Commission proposal violates the spirit of the Constitution wherein "separation of powers between the permanent executive and the judiciary is enjoined".

"The proposal to involve Opposition party members in positions of influence, along with ruling party MLAs, is also not in consonance with basic norms of democratic governance," says the note.

Kapur further says it is the prerogative of the ruling party to run the government, in line with its mandate and its policies.

"In a democracy, under the rule of law, the final authority for all such transfers and postings is the elected political executive in the government, the latter alone is accountable to the legislature, and ultimately, to the people at large," says the note.

The permanent executive, the dissent note states, is directly subordinate to it. Being a purely administrative issue, Kapur feels, "no democratic government can virtually surrender it as a justicable individual right, which could be agitated at will before the courts of law".

The note also cautions against the "commission mode of functioning on disciplined organisations like the Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police etc, have to be borne in mind".

The Hota committee report has already kicked up a lot of discussion. The dissent note shows that there are many issues in the report the legal ramifications of which are yet to be looked at.